Jason Webb Yackee UW Law School Susan Webb Yackee UWMadison 22015 Preliminary Work Please Do Not Cite Without Permission Delegation Lack of Research Matching the 1 Demand for ID: 727116
Download Presentation The PPT/PDF document "From Legislation to Regulation" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
From Legislation to Regulation
Jason Webb YackeeUW Law SchoolSusan Webb YackeeUW-Madison
2/2015: Preliminary Work; Please Do Not Cite Without PermissionSlide2
DelegationLack of Research Matching the (1)
Demand for Delegated Policy with (2) Supply of that PolicyAgency Perspective is Often Missing
Implications for Congress, Bureaucracy, Law, and Policymaking
Widely Studied
Congress-Bureaucracy (Ex Ante)
Admin. Procedures (MNW)
Statutory Specification (Huber and
Shipan
)Slide3
Research Question:Why do
agencies fail to regulate when commanded to do so?
Why are some congressional laws not acted upon by government agencies?Slide4
Why?Why “Respond”?
Substantive Statute Member/Voting External Political Environment
Why “Ignore”?
Workload/Resources
Other Priorities
Ex Post Oversight WeakSlide5
Measurement
DemandAll Statutes giving Rule-Writing Authority to Secretary of Interior (DOI)1900-90 (1,058 Stat.)1947-87 (392 Stat.)
Supply
All DOI NPRMs (and FRs)
1950-90 (3,086 NPRMs)
Why DOI?
Authority Citation
One
W
ould Expect…
MATCHSlide6
Demand, 1900-1990
Average=11.5 New Statutes Per YearSlide7
Demand, 1947-1987
Shall issue; Shall make;
Shall prescribe;
Shall promulgate; Shall publish;
Must be
developed;
Shall
be
made
;
Shall
by
regulation;
Shall develop; Shall devise; Shall establish Slide8
Demand, 1947-1987Slide9
Supply, 1950-1990Slide10
The MatchData
36% of Statutes Match with NPRMs59% of Mandatory Statutes Match
EX) In 1987, at least 5 NPRMs were issued using only
Discretionary
Statutes, while 31 Mandatory Statutes (in the data) had not yet resulted in an NPRM.
68
%
Deadline
Statutes
Match
Statutes w/1+
Descriptives
Mode 1
Median
=
3
Range= 1 to 593 Time to 1st NPRMMedian= 1.76 yearsRange= <1 to 32 yearsSlide11
Demand and Supply
FWS
80% Matched
NPS
62% Matched
BIA
47% Matched
BLM
47% MatchedSlide12
First LookSubstantive Statute
Mandatory (+)*Deadline (+
)*
Statute Significance
(
+
)*
Multiple Authority (+)
Statute Specificity
(+
)
Member
/
Voting
Conference Committee
(-)
Vote Unanimity (+)External Political Environment
Divided Gov’t (+/-)*CQ Story (+)*SOU (+)* Senate Hearings (+)*DC Court of Appeals (+)Presidential Party (-)Workload/Resources Final Rules (-)Employees (+)/(-)*Budgets (+)Logit ModelDV = Any NPRM Indicators = Agency & DecadesFit = SolidSlide13
ConclusionNext Steps
P1) Adding Committee Info, Hearing Reports, and Co-SponsorsP2) Event History ModelingP3) Regulation Based AnalysesImplications Delegation
and
Discretion
Are These “Closely” Linked?
How Much Slippage is Acceptable?
How “Long” is too “Long” for Responsiveness?Slide14
Thank you!
Jason Webb YackeeAssociate Professor
UW
Law School
Susan Webb Yackee
Professor
UW
-MadisonSlide15
Demand, 1947-1987
Standardized by Total # of Public Laws
Standardized = 2.5%Slide16
Demand, 1900-1990Slide17
Demand, 1947-1987
Statutes with Multiple Grants of RulemakingSlide18
Demand, 1900-1990
Frequency of Authorizing Words
in Statutes by YearSlide19
Congress
President
Textbook
Treatment
Do These “Details” Matter?
Outcome is Important = Substance
Process
is Important
= Implement
Policy
Policymaking in Agencies
Administrative
AgencySlide20
Administrative Procedure Act of 1946
Draft Rule
(NPRM)
Public Comment
Final Rule
The Notice and Comment Rulemaking
General Policy Decisions
(Legally-Binding)
Clearest Ex. of Delegated PolicymakingSlide21
Demand and Supply
FWS
67% Matched;
80% Matched
NPS
50% Matched;
62% Matched
BIA
20% Matched;
47% Matched
BLM
3
8% Matched;
47% Matched